Irate Public sector client's manager sends e-mail rejecting Substitutions

[BolshieBastard]

IR35 caught isn't a failure - providing a temporary employee is a service you can provide just like any other. It just comes with higher overheads which you need to pass on ....

Dear Mr Manager,
Thank you for your recent email. I am delighted to hear that you are sufficiently pleased by the work of MyCo's current representative that you henceforth wish only her to work on contract (#123) until the end of it's term. In order to meet your requirements I have enclosed an amendment to our existing contract which deletes the previously agreed right of substitution and names our representative at your site. This amendment is chargeable at an additional £££ per day due to higher costs to MyCo as increased tax is due for provision of a personalised service. I have also amended the contract to reflect this change in price.
I trust that these changes meet with your satisfaction.
Inc.

There's only one problem with this, unless you are direct, your co's contract is with the agent not the end client or their manager so, it would likely end up in the circular filing cabinet!

[Scoobos]

Work inside IR35 for now and look for a new contract

WSS, safest bet and its only for 2 months or so.

[kingcook]

Work inside IR35 for now and look for a new contract

WSS, safest bet and its only for 2 months or so.

Bollox to that! The client would get an email reply stating that they are going against the terms in the contract. They are free to terminate (subject to the notice period) if they so wish.

[GB9]

Bollox to that! The client would get an email reply stating that they are going against the terms in the contract. They are free to terminate (subject to the notice period) if they so wish.

And that's exactly what is needed. People who are prepared to work to what the contract says.

HMRC's default position is that we are employees, prove otherwise i.e. who cares what the contract says. Without people who are prepared to follow the contract and then kick up a stink if the client doesn't like it, we may as well give up. As KC says, the client has a right to terminate if they aren't happy.

[psychocandy]

And that's exactly what is needed. People who are prepared to work to what the contract says.

HMRC's default position is that we are employees, prove otherwise i.e. who cares what the contract says. Without people who are prepared to follow the contract and then kick up a stink if the client doesn't like it, we may as well give up. As KC says, the client has a right to terminate if they aren't happy.

Unfortunately, there are enough contractors who wont do this so client just gets one of those in. Not saying your not right but you cant win.

Same with contractors who work overtime for free. Plenty of those around too.

[GB9]

Unfortunately, there are enough contractors who wont do this so client just gets one of those in. Not saying your not right but you cant win.

Same with contractors who work overtime for free. Plenty of those around too.

Yeah, you are right.

Slightly different situation, but when I queried something with an agent the other day his response was "if you don't like it there are plenty of other people who will do it".

[kingcook]

Yeah, you are right.

Slightly different situation, but when I queried something with an agent the other day his response was "if you don't like it there are plenty of other people who will do it".

Is the agency Huxley?

[northernladuk]

Unfortunately, there are enough contractors who wont do this so client just gets one of those in. Not saying your not right but you cant win.

Same with contractors who work overtime for free. Plenty of those around too.

Where I agree with the first paragraph I don't the second. For a start 'overtime' is a permie concept. If someone wishes to do more hours than their contract it does not make them the same type of person as the one in the first paragraph. One is a work ethic, the other is indicative of the situation we are in with so many people coming to contracting who don't understand what it is about. Not a good example.

[Andy Hallett]

Irate Public sector client's manager sends e-mail rejecting Substitutions

Would be interested to know whether the agency's contract with the Public Sector body allowed for a substitution? A lot of government bodies will use their own framework without reference to ROS. Agencies have to effectively have to act as a broker when it comes to terms and conditions, if there is a delta then it will ultimately be their liability. That said if this is the case it will ultimately prove that in effect there was no real ROS.

From memory the one occasion we had an IR35 cases reviewed the HMRC they asked for our contract with the end client, luckily it was back to backed.

[GB9]

Is the agency Huxley?

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